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(영문) 서울고등법원 2019.03.15 2018노3357
현주건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The house owned by the victim of the present building or fire-prevention (hereinafter “instant house”).

(2) Although the Defendant attached a vehicle owned by him (hereinafter referred to as the “instant vehicle”) at the Marin of the instant house, it cannot be deemed that the public danger has occurred due to the fact that it was merely a general building, not a building used by a person as a residence.

B. The Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime.

C. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of the lower court as to the assertion of mistake of facts or misapprehension of legal doctrine

The term "a person other than an offender" refers to a person used as a place for daily life at night and constantly does not require the presence of a person. The term "residential" does not require that the person's original purpose is to use as a house or to use as a residence, and it does not require that the person's original purpose is to use as a house, and it is sufficient that the person is a place of clibing and erosion while maintaining the state where the person can use as a house. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below rejected the Defendant's assertion on the ground that the instant house constitutes a c

(1) The victim shall have the period, types, methods, etc. of residing in the house of this case in the investigative agency and the court below.

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